Bill Text: IN HB1473 | 2013 | Regular Session | Introduced
Bill Title: Possession of firearms on school property.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-01-28 - Representative VanNatter added as coauthor [HB1473 Detail]
Download: Indiana-2013-HB1473-Introduced.html
Citations Affected: IC 34-28-7-2; IC 35-31.5-2-285; IC 35-47-9.
Synopsis: Possession of firearms on school property. Provides that for
purposes of the law concerning possession of firearms on school
property: (1) school property does not include grounds adjacent to and
owned or rented in common with a building or other structure owned
or rented by a school; (2) property that is being used by a school for a
school function if the property is being used exclusively by the school
for the school function, the property is not accessible to the general
public during the school function, and a notice conspicuously posted
at each entrance to the property states that the property is being used by
a school for a school function; and (3) the law does not apply to a
person who may legally possess a firearm and possesses a firearm that
is locked in the trunk of the person's motor vehicle, kept in the glove
compartment of the person's locked motor vehicle, or stored out of
plain sight in the person's locked motor vehicle. Removes a provision
from the law concerning firearms in locked vehicles that allows a
person to adopt a policy or rule that prohibits an employee of the
person from possessing a firearm or ammunition in or on school
property, in or on property that is being used by a school for a school
function, or on a school bus in violation of: (1) student discipline laws
concerning possession of firearms; or (2) the law concerning
possession of firearms on school property and school buses.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Public Policy.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) prohibits; or
(2) has the effect of prohibiting;
an employee of the person, including a contract employee, from possessing a firearm or ammunition that is locked in the trunk of the employee's vehicle, kept in the glove compartment of the employee's locked vehicle, or stored out of plain sight in the employee's locked vehicle.
(b) Subsection (a) does not prohibit the adoption or enforcement of an ordinance, a resolution, a policy, or a rule that prohibits or has the effect of prohibiting an employee of the person, including a contract employee, from possessing a firearm or ammunition:
by a school for a school function, or on a school bus in violation
of IC 20-33-8-16 or IC 35-47-9-2;
(2) (1) on the property of:
(A) a child caring institution;
(B) an emergency shelter care child caring institution;
(C) a private secure facility;
(D) a group home;
(E) an emergency shelter care group home; or
(F) a child care center;
in violation of 465 IAC 2-9-80, 465 IAC 2-10-79, 465
IAC 2-11-80, 465 IAC 2-12-78, 465 IAC 2-13-77, or 470
IAC 3-4.7-19;
(3) (2) on the property of a penal facility (as defined in
IC 35-31.5-2-232);
(4) (3) in violation of federal law;
(5) (4) in or on property belonging to an approved postsecondary
educational institution (as defined in IC 21-7-13-6(b));
(6) (5) on the property of a domestic violence shelter;
(7) (6) at a person's residence;
(8) (7) on the property of a person that is:
(A) subject to the United States Department of Homeland
Security's Chemical Facility Anti-Terrorism Standards issued
April 9, 2007; and
(B) licensed by the United States Nuclear Regulatory
Commission under Title 10 of the Code of Federal
Regulations;
(9) (8) on property owned by:
(A) a public utility (as defined in IC 8-1-2-1) that generates
and transmits electric power; or
(B) a department of public utilities created under IC 8-1-11.1;
or
(10) (9) in the employee's personal vehicle if the employee,
including a contract employee, is a direct support professional
who:
(A) works directly with individuals with developmental
disabilities to assist the individuals to become integrated into
the individuals' community or least restrictive environment;
and
(B) uses the employee's personal vehicle while transporting an
individual with developmental disabilities.
JULY 1, 2013]: Sec. 285. (a) "School property", except as provided
in subsection (b), means the following:
(1) A building or other structure owned or rented by:
(A) a school corporation;
(B) an entity that is required to be licensed under IC 12-17.2
or IC 31-27;
(C) a private school that is not supported and maintained by
funds realized from the imposition of a tax on property,
income, or sales; or
(D) a federal, state, local, or nonprofit program or service
operated to serve, assist, or otherwise benefit children who are
at least three (3) years of age and not yet enrolled in
kindergarten, including the following:
(i) A Head Start program under 42 U.S.C. 9831 et seq.
(ii) A special education preschool program.
(iii) A developmental child care program for preschool
children.
(2) The grounds adjacent to and owned or rented in common with
a building or other structure described in subdivision (1).
(b) "School property", for purposes of IC 35-47-9, means a
building or other structure owned or rented by:
(1) a school corporation;
(2) an entity that is required to be licensed under IC 12-17.2
or IC 31-27;
(3) a private school that is not supported and maintained by
funds realized from the imposition of a tax on property,
income, or sales; or
(4) a federal, state, local, or nonprofit program or service
operated to serve, assist, or otherwise benefit children who
are at least three (3) years of age and not yet enrolled in
kindergarten, including the following:
(A) A Head Start program under 42 U.S.C. 9831 et seq.
(B) A special education preschool program.
(C) A developmental child care program for preschool
children.
The term does not include grounds adjacent to and owned or
rented in common with a building or other structure described in
this subsection.
(1) A:
(A) federal;
(B) state; or
(C) local;
law enforcement officer.
(2) A person who has been employed or authorized by:
(A) a school; or
(B) another person who owns or operates property being used by a school for a school function;
to act as a security guard, perform or participate in a school function, or participate in any other activity authorized by a school.
(3) A person who:
(A) may legally possess a firearm; and
(B) possesses the firearm in a motor vehicle that is being operated by the person to transport another person to or from a school or a school function.
(4) A person who:
(A) may legally possess a firearm; and
(B) possesses a firearm that is:
(i) locked in the trunk of the person's motor vehicle;
(ii) kept in the glove compartment of the person's locked motor vehicle; or
(iii) stored out of plain sight in the person's locked motor vehicle.
(1) the property is being used exclusively by the school for the school function;
(2) the property is not accessible to the general public during the school function; and
(3) a notice conspicuously posted at each entrance to the property states that the property is being used by the school for a school function.
